IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 329 of 2011()
1. ASHRAF,S/O.LATE MUHAMMED RAWTHER,
... Petitioner
2. JAMEELA CHADANAMKURISSI,PALAKKAD.
Vs
1. ASMABI,D/O.LATE ALI,AGD 36,
... Respondent
2. STATE OF KERALA,REPRESENTED BY PUBLIC
For Petitioner :SRI.JACOB SEBASTIAN
For Respondent :SMT.PREETHY R. NAIR
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :04/02/2011
O R D E R
THOMAS P. JOSEPH, J.
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Crl.M.C. No.329 of 2011
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Dated this the 4th day of February, 2011.
ORDER
Petitioners are accused in Crime No.144 of 2010 of Kongad Police
Station and C.C.No.442 of 2010 of the court of learned Judicial First Class
Magistrate-II, Palakkad for offences punishable under Sections 323, 506(ii) and
498A read with Section 34 of the Indian Penal Code. That case was registered
on a complaint filed by respondent No.1 which was forwarded to the Police for
investigation under Section 156(3) of the Code of Criminal procedure. After
investigation Police submitted final report for offences as alleged. Learned
Magistrate took cognizance and filed C.C.No.442 of 2010. Petitioners seek to
quash proceedings against them on the strength of a settlement reached
between them and respondent No.1.
2. I have heard learned counsel for petitioners, respondent No.1 and
the learned Public Prosecutor. Learned Public Prosecutor has confirmed fact of
settlement reached between the parties.
3. It is seen from the joint petition signed by the parties and their
counsel that parties have settled their dispute outside the court. It is stated that
respondent No.1 is now living with petitioner No.1. Now that the dispute which is
Crl.MC.No.329/2011
2
purely personal to and between the parties is settled outside court it is not
necessary to proceed with the proceedings. Hence I am inclined to allow this
petition.
Resultantly this petition is allowed. The final report in Crime No.144 of
2010 of Kongod Police Station, cognizance taken thereon and all proceedings in
C.C.No.442 of 2010 of the court of learned Judicial First Class Magistrate-II,
Palakkad against petitioners are quashed.
THOMAS P.JOSEPH,
Judge.
cks